A/65/914 S/2011/449. Enclosure 2. [Original: Arabic and English] DOHA DOCUMENT FOR PEACE IN DARFUR (DDPD)

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1 Enclosure 2 [Original: Arabic and English] DOHA DOCUMENT FOR PEACE IN DARFUR (DDPD) 6

2 Table of Contents List of Abbreviations Definitions Preamble Chapter I Human Rights and Fundamental Freedoms Chapter II Power-Sharing and the Administrative Status of Darfur Chapter III Wealth Sharing Chapter IV Compensation and the Return of IDPs and Refugees Chapter V Justice and Reconciliation Chapter VI Permanent Ceasefire and Final Security Arrangements Chapter VII Internal Dialogue and Consultation & Implementation Modalities Final Provisions Annex Implementation Timetable 7

3 LIST OF ABBREVIATIONS ADB African Development Bank ADSC All Darfur Stakeholders Conference AFR Annual Financial Report AOR Area of Responsibility AU African Union CFA Ceasefire Agreement CFC Ceasefire Commission CPA The Comprehensive Peace Agreement CPC Community Policing Centre CTSG Ceasefire Team Site Group DDB Darfur Development Bank DDR Disarmament, Demobilisation and Reintegration DFC Deputy Force Commander DJAM Darfur Joint Assessment Mission DLC Darfur Land Commission DMZ Demilitarised Zone DoC DPA Declarations of Commitment to the DPA DPA Darfur Peace Agreement DSG Darfur State Governments DRA Darfur Regional Authority DRC Darfur Referendum Commission DRDF Darfur Reconstruction and Development Fund EU European Union FC Force Commander FFAMC Fiscal and Financial Allocation and Monitoring Commission GoS Government of Sudan IFC Implementation Follow-up Commission ICRC International Committee of the Red Cross IDPs Internally Displaced Persons INC Interim National Constitution ITC Integration Technical Committee JAF Compensation/Jabr Al Darar Fund JC Joint Commission 8

4 JCM Joint Coordination Mechanism JLCC Joint Logistics Coordination Committee JSC Judicial Service Commission JTC Joint Technical Committee LAS League of Arab States LCC Logistics Coordination Committee MDGs Millennium Development Goals MFS Micro Finance System NC National Constitution NCRC National Constitutional Review Commission NCS National Civil Service NCSC National Civil Service Commission NGO Non-Governmental Organisation NRF National Revenue Fund OIC Organisation of the Islamic Conference PC Police Commissioner PCRC Property Claims and Restitution Committee RCC Reparation and Compensation Commission RoE Rules of Engagement SAF Sudan Armed Forces SOMA Status of Mission Agreement SPF Sudan Police Forces SSCFC Sector Sub-Ceasefire Commission Sub-CFCs Sub-Ceasefire Commissions TRC Truth and Reconciliation Committee TJRC Truth, Justice and Reconciliation Commission TSGs Team Site Groups UN United Nations UNAMID African Union United Nations Hybrid Operation in Darfur UNHCR United Nations High Commissioner for Refugees UNICEF United Nations International Children s Educational Fund UNPOL United Nations Police serving with UNAMID UNSCR United Nations Security Council Resolution USA United States of America 9

5 VRC Voluntary Return Committee VRRC Voluntary Return and Resettlement Commission WB World Bank 10

6 DEFINITIONS Ajaweed Council means a Mediation Council which consists of the Native Administration and community leaders. Area of Control means a defined area over which one of the Parties exercises control and in which no other Party may undertake activity. Armed Militia means irregular forces, whether or not associated or affiliated with any Party, and includes any armed group engaging in or which has engaged in hostile activity. Assembly means the process of the relocation of the Movements former combatants into selected sites for purposes of their disarmament and integration into selected security institutions. Assembly Areas or Cantonment Sites are used interchangeably to mean locations where combatants go through the disarmament and demobilisation process. Buffer Zone means a defined area established in accordance with this Agreement monitored by UNAMID from which disputing or belligerent forces have been excluded. Combatants means Movements forces. Commissioner means head of a body in the Agreement, member of the DRA. Community Police means volunteer personnel who are recruited by GoS in consultation with DRA from local communities to undertake patrolling activities to assist in maintaining public peace and tranquillity. Conflict-affected persons or victims of conflict means persons or groups of people who have suffered persecution during the conflict in Darfur as well as those whose life and livelihoods have been adversely affected as a result of the conflict. Crew-Assisted Weapons means those weapons that cannot be served by a single operator and require supplementary operators and technical means, both in launching position and/or the terminal trajectory position. Often these types of weapons are mounted on vehicles, ships and aircraft. Demilitarised Zone means a defined area in accordance with this Agreement within which the Parties undertake no military operations and from which they remove military assets. Demobilisation means the process by which the Parties begin to disband their military structure and former combatants begin the process of transformation into civilian life. Disarmament means the collection, control and disposal of small arms, light and heavy weapons and includes de-mining. Disengagement is a general term for a process that would result in the geographical separation of opposing forces. Hawakeer means tribal land ownership rights. Internally Displaced Persons (IDPs) means persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual 11

7 residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised State border. Movements means all the armed groups involved in the conflict other than State armed forces and associated militia; for the purpose of this Agreement, the Movements refers to parties to the Doha Peace Process and are signatories to this Agreement. National Constitution means the Interim National Constitution and any other Constitution. Parties means the Government of Sudan and the Movements parties to the Doha Peace Process. Reconciliation means a process which assists the victims of prolonged violence and grave violations of fundamental rights to overcome the grief, anger, hatred and loss of trust in order to rebuild confidence among communities and restore social peace. Redeployment means the transfer of a unit, an individual or supplies deployed to one area to another location within the area, or to an interior part of the zone for the purpose of further employment or demobilisation for reintegration and/or out processing. Reform of selected security institutions means the process of transforming specific security institutions to improve their capacity, effectiveness and professionalism and to strengthen the rule of law in accordance with accepted international standards. Refugee means a person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to return to it. Refugee is also applied to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. Regular Forces means the Armed Forces, the Police Forces and the national intelligence and security services of the Republic of the Sudan. Reintegration means assistance measures provided to former combatants in order to increase the potential for their economic and social absorption into civil society. Returnee means a displaced person who voluntarily returns to his/her habitual residence before displacement with the intention to re-establish himself/herself there. Rules of Engagement (RoE) means directives issued by a competent military authority that define the circumstances and limitations under which forces will initiate and/or continue use of force against other forces encountered. 12

8 PREAMBLE The Parties to the Agreement hereinafter referred to as The Parties ; Reaffirming the sovereignty, unity and territorial integrity of Sudan; Reiterating their commitment to the National Constitution of the Republic of Sudan of 2005, to the full implementation of the Comprehensive Peace Agreement of January 2005, and to the African Union Decisions and United Nations Security Council Resolutions (UNSCR) concerning the need to reach a political solution in order to bring the conflict in Darfur to an end; Recalling the previous agreements on the conflict in Darfur, in particular the Humanitarian Ceasefire Agreement on the Conflict in Darfur & Protocol on the Establishment of Humanitarian Assistance in Darfur of 8 April, 2004, N Djamena, Chad; the Agreement with the Sudanese Parties on the Modalities for the Establishment of the Ceasefire Commission and the Deployment of Observers in Darfur of 28 May 2004, Addis Ababa, Ethiopia; the Protocol between the Government of Sudan, The Sudan Liberation Movement / Army and the Justice and Equality Movement on the Improvement of the Humanitarian Situation in Darfur of 9 November, 2004, Abuja, Nigeria; the Protocol between the Government of Sudan, The Sudan Liberation Movement / Army and the Justice and Equality Movement on the Enhancement of the Security Situation in Darfur in accordance with the N Djamena Agreement of 9 November, 2004, Abuja, Nigeria; the Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur of 5 July, 2005, Abuja, Nigeria; the Darfur Peace Agreement (DPA) of 5 May, 2006, Abuja, Nigeria; the Goodwill Agreement between the Government of Sudan and the Justice and Equality Movement, 17 February 2009, Doha, Qatar; the Framework Agreement between the Government of Sudan and the Justice and Equality Movement, 23 February 2010, Doha, Qatar; the Framework Agreement between the Government of Sudan and the Liberation and Justice Movement, 18 March 2010, Doha, Qatar; the Ceasefire Agreement between the Government of Sudan and the Liberation and Justice Movement, 18 March 2010, Doha, Qatar; Recognising that the cultural and ethnic diversity of the Sudanese people is the foundation of national cohesion and shall therefore be promoted and developed; Welcoming the generous initiative of His Highness the Emir of the State of Qatar to create a Darfur Development Bank (DDB) to assist development and reconstruction efforts in Darfur; Stressing the necessity to promote and protect human rights, justice, accountability and reconciliation in Sudan, and in particular in Darfur; Condemning all acts of violence against civilians and the violations of human rights, in particular violence against women and children; and stressing the imperative to refrain from such acts of violence and violations of human rights and international humanitarian law; Recognising that creating conditions for durable peace in Darfur, the implementation of this Agreement, national reconciliation, social cohesion and reconstruction require the promotion and protection of human rights, respect for the principle of equality of all Sudanese citizens and for the rule of law; 13

9 Stressing the necessity that all Parties to the armed conflict in Darfur shall fully and unconditionally accept their obligations under international humanitarian law, international human rights law, and relevant UNSCR; Committed to address human rights violations committed during the Darfur conflict; Taking into account the outcomes of the first and the second Darfur civil society forums, held in Doha in November 2009 and July 2010 respectively and the outcomes of the All Darfur Stakeholders Conference (ADSC) held in Doha in May 2011; Recognising that the Darfur conflict cannot be resolved militarily and a durable solution can only be obtained through an inclusive political process, Have agreed to the following: 14

10 CHAPTER I - HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ARTICLE 1: PROMOTION AND PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 1. The Parties recognise the importance of promoting and protecting human rights and fundamental freedoms of all people of Darfur. The Government of Sudan (GoS), the Darfur Regional Authority (DRA) and the Governments of the States of Darfur shall guarantee the effective enjoyment of all rights and freedoms enshrined in Sudan's National Constitution and international human rights instruments to which Sudan is a party. 2. All Parties shall fulfil their obligations under international human rights and international humanitarian law and ensure a conducive environment for the effective exercise of civil and political rights as well as the full and equal enjoyment of economic, social and cultural rights. 3. Citizenship shall be the basis for equal political and civic rights and obligations for all Sudanese. 4. The Parties shall ensure that all persons enjoy and exercise all of the rights and freedoms provided for in this Agreement, in the National Constitution of Sudan and international and regional human rights instruments to which Sudan is a party without discrimination on any grounds including sex, race, colour, language, religion, political or other opinion, national or social origin or social status. Women, children and men shall be guaranteed the equal enjoyment of all rights enshrined in the international human rights and humanitarian law instruments to which Sudan is a party. 5. The security and safety of everyone shall be guaranteed in Darfur on the basis of the rule of law, equality and non-discrimination. The Parties shall respect the right to life and security of persons, personal dignity and integrity and ensure that no person be arbitrarily deprived of his/her life, tortured or ill-treated. 6. The GoS shall guarantee the right to fair and public trial, as well as the right to resort to justice in all civil, administrative and criminal proceedings on the basis of equality before the courts and tribunals. This guarantee includes the rights set out in Articles 9 and 14 of the International Covenant on Civil and Political Rights. 7. The GoS shall take the necessary legal and administrative measures to ensure freedom of opinion, freedom of conscience and religion, freedom of expression, freedom to peaceful assembly and association, and the equal right to form and register political parties, the equal right to vote and the right to participate in public affairs, the right to form and participate in 15

11 civil society organisations, private sector bodies and trade unions. The GoS shall guarantee the freedom of the press and other media in accordance with international human rights standards as enshrined in the International Covenant on Civil and Political Rights, Universal Declaration of Human Rights and African Charter on Human and Peoples' Rights. 8. All Parties shall refrain from threatening citizens for their opinion or preventing them from exercising their equal right to freedom of expression, association and movement and peaceful assembly in Darfur. 9. The GoS, in accordance with the provisions of Chapter III, shall promote the general welfare and economic growth in Darfur through provision of adequate basic needs, services and infrastructure, promotion of youth employment, empowerment of women, good governance, public services and allocation of appropriate resources, as well as equal access to natural resources including land for all communities in Darfur, with due respect to prevailing norms and traditions. 10. The Parties agree to foster the participation of the people of Darfur in the planning, designing and implementing programmes of early recovery, reconstruction and rehabilitation in Darfur. 11. The needs of women, children and vulnerable groups shall be given due attention in the Darfur early recovery, reconstruction, rehabilitation and education policies and programmes. 12. The Parties urge the international community to enhance the implementation of economic, social and cultural rights through sustainable programmes of early recovery, reconstruction and rehabilitation throughout Darfur. 13. The GoS shall ensure the full establishment and effective functioning of the newly created National Human Rights Commission in compliance with the Paris principles within thirty days of the signing of this Agreement; and facilitate, within three months from the signing of this Agreement, the establishment by the latter, of decentralised, independent, autonomous and resourced Human Rights Sub-Committees for Darfur. 14. The National Human Rights Commission and the Human Rights Sub-Committees shall monitor the situation of human rights as well as protect and promote human rights in Darfur. The fight against all forms of discrimination and the protection of economic and social and cultural rights shall be given due attention by both the Commission and the Sub-Committees which shall regularly report on progress made towards the effective implementation of the principle of equality between States and citizens in Sudan. 16

12 15. The Parties shall cooperate with the Human Rights Sub-Committees for Darfur in the implementation of their mandate. The Sub-Committees shall have access to all relevant documents and information pertaining to human rights including physical access to all detainees throughout Darfur. 16. Technical and material assistance may be sought from the United Nations Office of the High Commissioner for Human Rights, the African Commission on Human and Peoples' Rights and other international organisations. 17. The Parties shall cooperate with the African Union-United Nations Hybrid Operation in Darfur (UNAMID) in the implementation of its human rights and rule of law mandates. 18. Human rights and civil society organisations in Darfur shall be encouraged to contribute to the promotion and protection of human rights through regular monitoring, early warning, advocacy and capacity-building programmes. 17

13 CHAPTER II POWER SHARING AND ADMINISTRATIVE STATUS OF DARFUR ARTICLE 2: GENERAL PRINCIPLES OF POWER SHARING Power sharing shall be based on the following principles: 19. Sudan is an independent, sovereign and federal republic in which sovereignty is vested in the people and shall be exercised by the State according to the provisions of the Constitution of Sudan. 20. Religion, beliefs, traditions and customs are sources of moral strength and inspiration for the Sudanese people. The cultural and ethnic diversity of the Sudanese people is the foundation of national cohesion and shall therefore be promoted, developed and managed according to national criteria that reflect both the national unity and the diversity of the Sudanese people. The Sudanese people share a common heritage and aspirations and accordingly agree to work together. 21. Power sharing is vital for the country's unity, security and stability. The devolution of power and the peaceful transfer of executive and legislative powers by democratic means, through free and fair elections, as guarantors of stability shall be the foundation for democratic governance in Sudan. 22. Elections at all levels of government in Sudan shall be based on free and direct voting, observed by national and international observers. 23. The separation of the legislative, executive and judicial powers at all levels of the federation shall consolidate good governance, accountability, transparency and commitment to the security and welfare of the people. 24. The rule of law and the independence of the judiciary shall be guaranteed. 25. Citizenship shall be the basis for civic rights and obligations without any discrimination as to the ethnicity, tribe, religion, gender or origin of persons. This does not preclude any law, programme or activity that has as its objective the improvement of conditions of individuals or groups that have been disadvantaged because of their race, ethnicity, colour, or regional or national origin. 26. The displacement of citizens within or outside the territory of Sudan shall not preclude the full exercise of their civic rights subject to relevant national and international laws. 18

14 27. There shall be a federal system of government, with an effective devolution of powers and a clear distribution of responsibilities to ensure fair and equitable participation by the citizens of Sudan in general, and those of Darfur in particular. 28. All citizens, including the people of Darfur, shall be fairly and equally represented in the national civil service, public bodies and institutions, commissions, armed forces and other regular forces, at all levels, especially the senior and middle levels. 29. Without prejudice to the provisions of the Comprehensive Peace Agreement (CPA) relating to the North-South border and any international agreements in force between the Republic of Sudan and neighbouring countries, the northern boundaries of Darfur shall return to their positions of 1 January The participation of the people of Darfur shall be ensured at all levels of government and in all State institutions, by means of fair power sharing criteria. 31. All levels of Government shall ensure the provision of continuing opportunities of general education, training and employment in public service to promote full and equal participation of the people of Darfur in advancing the nation's welfare. In this context, special attention shall be given to women and children in the field of education, capacity building and training. Training centres shall be established in urban and rural areas in collaboration with specialised international and regional organisations. 32. All Movements shall take necessary measures to transform themselves into political parties according to the established legal arrangements. 33. Without prejudice to paragraph 32, the Movements shall participate at different levels of government according to this Agreement. 34. To address the under-representation of women in government institutions and decisionmaking structures, special measures shall be taken and implemented, according to this Agreement, in order to ensure women's equal and effective participation in decision-making at all levels of government in Darfur. POWER SHARING AT THE NATIONAL LEVEL ARTICLE 3: CRITERIA FOR POWER SHARING 35. Power sharing, as provided for in this Agreement, shall respect the principle of proportionality, and Darfur shall fully participate in all forms of political power in Sudan's National Government. 19

15 36. Affirmative action shall be taken in favour of the people of Darfur to augment their representation in the public and civil service and regular forces. For the long term, special educational training and public employment opportunities shall be provided to enable the people of Darfur to participate fully on an equal basis in advancing the welfare of Sudan. 37. The representation of the people of Darfur at the national level shall reflect the proportion of the Darfur population to the total population of Sudan, after the separation of South Sudan. ARTICLE 4: THE NATIONAL EXECUTIVE 38. Darfur shall be represented in the National Executive according to the criterion of proportionality. THE PRESIDENCY VICE-PRESIDENT 39. A number of Vice-Presidents shall be appointed in a manner that realises political inclusion and representation of all Sudanese including from Darfur. A Vice-President shall have the following responsibilities: i. Member of the National Council of Ministers, ii. Member of the National Security Council, iii. Act as President in the absence of the President and First Vice President in accordance with the order of precedence among Vice Presidents as shall be determined by the President, iv. Any other function or duty that may be assigned to him/her by the President. ASSISTANTS AND ADVISERS TO THE PRESIDENT 40. Assistants and Advisers to the President shall be appointed from Darfur according to its proportion of Sudan's population. 41. An Assistant to the President shall be appointed from Darfur. THE NATIONAL COUNCIL OF MINISTERS 42. Darfur shall be represented in the National Council of Ministers, in accordance to the proportionality criterion. In this regard: i. The five posts of Cabinet Ministers and four posts of Ministers of State currently held by the people of Darfur shall continue to be held by the people of Darfur; 20

16 ii. iii. Two additional Cabinet Ministers and four Ministers of State shall be nominated by the Movements and appointed by the President. In the event of a change in the composition of the Council of Ministers, the Movements shall retain the same percentage of representation before the change. ARTICLE 5: THE NATIONAL LEGISLATURE 43. Darfur shall be represented in the National Legislature in accordance with its proportion of Sudan's population. In this regard: i. Darfur shall retain its 96 seats in the National Legislature until the next national elections. ii. The share of Darfur from any vacant seats in the National Legislature arising from the new demographic configuration of Sudan following the January 9, 2011 referendum in South Sudan shall be filled by the Movements through an arrangement to be agreed upon by the Parties. ARTICLE 6: THE NATIONAL JUDICIARY 44. The National Judiciary is an important arm of government. It is vital to maintain its neutrality, impartiality and independence. 45. The National Judiciary shall be representative of the people of Sudan including Darfur. The people of Darfur shall be adequately represented in the Judicial Service Commission (JSC). The Commission shall guarantee the adequate representation of the people of Darfur in the national judicial institutions, including the Court of Appeal, the National Supreme Court and the Constitutional Court. 46. A Panel of Experts shall be established by the JSC to, as a long-term measure, identify any imbalance in the representation of the people of Darfur and make appropriate recommendations on how the imbalance should be redressed. 47. The Constitutional Court has the competence to settle any disputes between levels or organs of government regarding their areas of exclusive, concurrent and residual competence. ARTICLE 7: THE NATIONAL CIVIL SERVICE AND OTHER PUBLIC BODIES 48. Darfur shall be represented in the National Civil Service (NSC) and other public bodies according to the principles of proportionality, affirmative action and precedents, in order to rectify identified imbalances and under-representation of the people of Darfur. 49. The NCS shall be representative of all the people of Sudan, especially at the senior and middle levels. 21

17 50. A National Civil Service Commission (NCSC), with proportionate representation from Darfur, shall be created and tasked to address imbalances in the civil service and other public bodies. 51. A Panel of Experts with substantial representation from Darfur, including at the more senior levels, shall be established under the NCSC to determine the level of representation of the people of Darfur in the NCS at all levels. 52. The Panel shall identify any imbalances that have undermined the representation of the people of Darfur in the NCS, and shall make practical and action-oriented recommendations to address such imbalances and discrepancies in the NCS, including recommending appropriate measures to ensure fair representation for the people of Darfur in the service. The Panel is to be guided in its work by the following: i. Population size based on the 2008 or subsequent census; ii. Affirmative action in recruitment, training and promotion, including measures to promote gender balance. 53. The Panel shall complete its work and submit its report no later than six months after the signing of this Agreement, following which the GoS shall take remedial action within a period of six months. 54. Pending the outcome of the Panel's report, the GoS shall ensure that the following tasks are carried out: i. Establish and achieve interim targets for the participation of the people of Darfur, especially at middle and senior levels of the NCS including, but not limited to Under-Secretaries, Ambassadors, members of commissions and other senior posts of responsibility. These targets shall be reviewed after the submission of the report of the Panel of Experts, and shall take into consideration the representation of qualified and neutral candidates from the Movements in the NCS; ii. iii. iv. Reserve certain posts in the NCS exclusively for qualified women from Darfur; Formulate policies and execute affirmative action on training and recruitment into the NCS of qualified people from Darfur, taking into account the agreed upon criteria, with the objective of ensuring equitable representation in the NCS, as well as to redress any imbalances; Conduct a review of the adopted policies, three years into their implementation, and setting such new goals and targets as may be deemed necessary. 55. The Parties agree that all persons dismissed arbitrarily and unjustly from the NCS, for reasons related to the conflict, shall be reinstated. Such persons shall not lose their seniority 22

18 and shall receive their accrued entitlements. The NCSC shall receive complaints, determine their merits and demerits and recommend as appropriate. ARTICLE 8: REPRESENTATION OF MOVEMENTS AT THE LEVELS OF GOVERNMENT 56. Movements shall be represented at all levels of government on the basis of additional protocols between each Movement and the Government. Such protocols shall be an integral part of this agreement. ARTICLE 9: THE ARMED FORCES AND OTHER REGULAR FORCES 57. The Sudan Armed Forces (SAF) shall be regular, professional and non-partisan. The people of Darfur shall be fairly represented at all levels therein. The GoS shall take appropriate measures, in accordance with the recruitment criteria, to rectify any imbalances that may exist in the representation of the people of Darfur at senior levels of the SAF and in the intake into the military academies. 58. The Police, Customs, Immigration and Border Guards, the Prisons and Wildlife Services and all other regular forces shall be open to all Sudanese, including the people of Darfur, to reflect the diversity of the Sudanese society. THE ADMINISTRATIVE STATUS OF DARFUR AND POWER SHARING WITHIN DARFUR ARTICLE 10: THE ADMINISTRATIVE STATUS OF DARFUR ESTABLISHMENT OF THE DARFUR REGIONAL AUTHORITY 59. The Darfur Regional Authority (DRA) shall be established. The DRA shall serve as the principal instrument for the implementation of this Agreement in collaboration with the GoS and with the support of the international partners. It will also play a central role in enhancing implementation, coordination and promotion of all post-conflict reconstruction and development projects and activities in Darfur, and be responsible for cooperation and coordination among the States of Darfur. The activities of the DRA shall primarily aim to promote: i. Peace and security; ii. Socio-economic development, stability and growth; iii. Justice, reconciliation and healing. 60. The DRA shall establish its own rules of procedure, engage necessary staff to carry out its work and establish a budget for that purpose. The prerogatives of the DRA shall not contradict or affect the exclusive powers of the states in Darfur and the Federal Government. 23

19 However, the DRA shall have oversight responsibility over all matters related to its areas of primary jurisdiction and competence. The DRA shall supervise the conduct of a referendum to decide the administrative status of Darfur, specifically whether to keep the current States system or to have a single region with States. 61. Without prejudice to the exclusive competencies of the Darfur States as provided for in the Constitution, the DRA shall oversee the implementation of all the provisions of this Agreement, including those under the jurisdiction of the States of Darfur. 62. A Darfur regional security committee shall be established in conformity with the national and state pattern, and its competencies shall be defined. COMPETENCIES OF THE DRA 63. The DRA shall have the following primary competencies: i. Implementation of the provisions of this Agreement in collaboration with the GoS; ii. Achieving reconciliation and the consolidation of security and social peace; iii. Post conflict reconstruction and development, as well as the coordination of all engagements of international and regional partners including the Darfur Joint Assessment Mission (DJAM); iv. Health issues, environmental protection and addressing the consequences of climate change; v. Planning, development and conservation of cattle routes and pastures; vi. Creation of durable conditions necessary for voluntary return and resettlement of IDPs and refugees; vii. Planning for land use and the exercise of the relevant rights; viii. Education and cultural development; ix. Planning and statistics; x. Enhancing cooperation and facilitating communication and coordination among the Darfur States; xi. Borrowing money from both national and external institutions in the context of the national macroeconomic policy as approved and guaranteed by the Bank of Sudan; xii. Protection and promotion of human rights; xiii. Enhancing transparency and good governance; xiv. Capacity building; xv. Regional tourism; xvi. Reviewing and recommending the legislative and executive measures towards enhancing inter-state coordination; xvii. Policies for control of small arms and light weapons in Darfur; xviii. Any other tasks the Parties may agree on. 24

20 CONCURRENT COMPETENCIES 64. The DRA shall have concurrent competencies in policy making and coordination on the following: i. Socio-economic development in the Region; ii. Health policies; iii. Financial and economic policies; iv. Urban development and housing planning; v. Development of trade and industry; vi. Relief and humanitarian affairs; vii. Initiation and negotiation, upon the approval of the GoS, of international agreements on tertiary education, culture, sports, humanitarian affairs, loans and grants, trade, investment, technical assistance with foreign governments and NGOs; viii. Women advancement, motherhood and child care; ix. Food and drugs quality control, consumer safety and protection; x. Tertiary education and professional and scientific research institutes; xi. Gender policy; xii. Electricity generation and water and waste management; xiii. Policies on land ownership, use and rights; xiv. Emergency relief and disaster prevention and management, and epidemics control; xv. Media, publications, mass media and radio stations; xvi. Management, protection and conservation of environment; xvii. Sports, cultural heritage and development of youth skills; xviii. Planning Darfur s natural resources. STRUCTURE AND COMPOSITION 65. The DRA shall be composed of two main organs: the DRA Executive Organ and the DRA Council. THE DRA EXECUTIVE ORGAN 66. The President of the Republic of Sudan shall appoint from the Movements, the DRA Chairperson, who shall preside over the DRA Executive Organ. 67. The DRA Executive Organ shall consist of the following: i. The DRA Chairperson ii. Governors of the States of Darfur - Deputy Chairs iii. Assistant to the Chairperson in charge of DRA Affairs - Member iv. Minister of Finance and Economic Planning - Member v. Minister of Culture, Information and Tourism - Member vi. Minister of Agriculture and Livestock - Member 25

21 vii. Minister of Reconstruction, Development and Infrastructure - Member viii. Minister of Environment and Natural Resources Development - Member ix. Minister for DRA Council Affairs - Member x. Minister of Social Affairs, Maternity and Childhood Care - Member xi. Minister of Health Affairs - Member xii. Minister of Youth and Sports - Member xiii. Minister of Technology Development and Capacity Building - Member xiv. Commissioner, Voluntary Return and Resettlement Commission - Member xv. Commissioner, Justice, Truth and Reconciliation Commission - Member xvi. Chairperson, Darfur Reconstruction and Development Fund - Member xvii. Commissioner, Land Commission - Member xviii. Commissioner, Darfur Security Arrangements Implementation Commission - Member 68. In State Protocol, the DRA Chairperson comes directly after the Vice-Presidents of the Republic and before the Assistants to the President of the Republic. 69. The Members of the DRA Executive Organ shall be appointed by the President of the Republic of the Sudan, upon nomination by the DRA Chairperson. The appointed Members shall have the status of State Ministers. 70. The DRA Chairperson may hold accountable the DRA Executive Organ members. He/she may also make a recommendation to the President of the Republic to relieve any member appointed in the Executive Organ. The DRA Council may withdraw confidence from any member appointed in the Executive Organ and make a recommendation to the DRA Chairperson to relieve him/her. THE DRA COUNCIL 71. The DRA Council made up of 67 members, shall consist of the following: i. Chairperson; ii. Two Vice Chairpersons; iii. Representatives of Movements; iv. Representatives of the State Legislatures. 72. The DRA Council may establish specialised committees as it deems necessary. THE COMPETENCIES OF THE DRA COUNCIL 73. The DRA Council shall have supervisory, monitoring and organisational competencies. The Council shall examine laws and recommend legislative measures that would promote coordination and cooperation among the States of Darfur. Specifically, the competencies of the Council shall include: 26

22 i. Examining laws as they relate to the competencies of the DRA; ii. Controlling and evaluating the performance of the DRA; iii. Approving the budget of the DRA; iv. Ensuring proper spending and accountability by the DRA; v. Adopting policies within the competencies of the DRA and in particular, over all transboundary issues between/among the States of Darfur; vi. Establishing a Committee for the preparation of a Constitution of the Darfur Region in the event of a majority vote by the people of Darfur for the creation of one region. SETTLEMENT OF DISPUTES 74. The DRA shall exercise its functions without prejudice to the constitutional powers and functions of the Governments of the States of Darfur. In the event that the Chairperson of the DRA deems that any action being undertaken by a State Government undermines the implementation of the Agreement, the matter shall be referred to the DRA Council for decision without prejudice to the right of any of the parties to resort to the Constitutional Court for final settlement of the dispute in accordance with the following: i. The National Constitution; ii. The provisions of this Agreement; iii. The need for enhancing security, stability, the people s welfare and the protection of human rights and fundamental freedoms. THE PERMANENT ADMINISTRATIVE STATUS OF DARFUR 75. The permanent administrative status of Darfur shall be determined through a referendum. 76. The referendum shall be held simultaneously in the States of Darfur, no sooner than one year after the signing of the Agreement. After one year, the President of the Republic, in agreement with the DRA Chairperson, will establish the Referendum Commission which will conduct the referendum. The outcome of the referendum shall be incorporated in the permanent Constitution. The following options shall be presented: i. The creation of a Darfur Region composed of the States of Darfur; ii. Retention of the status quo of States system. In either case the character of Darfur, as defined by cultural and historical traditions and ties, shall be respected. 77. The Darfur Referendum Commission (DRC) established by the Presidency in agreement with the DRA shall organise and conduct the referendum. The National Elections Law shall specify the rules and the procedures governing the referendum. The referendum shall be internationally monitored. 27

23 78. If a majority of votes cast by the people of Darfur in the referendum determines that a Region of Darfur should be created, the DRA shall form a Constitutional Committee to determine the competencies of the Regional Government of Darfur. The Committee shall present the proposed Constitution to the DRA for adoption within three months of the referendum. The proposed Constitution shall be submitted to the National Legislature for adoption and the President of the Republic of Sudan shall promulgate the Constitution. 79. If the outcome of the referendum maintains the status quo, the DRA shall continue in its capacity as the principal instrument for the implementation of this Agreement for a period of four years from the date of the signing of this Agreement. ARTICLE 11: THE NORTHERN BORDERS OF DARFUR 80. Without prejudice to the provisions of the Comprehensive Peace Agreement (CPA) relating to the North-South border and any international agreements in force between the Republic of Sudan and neighbouring countries, the northern boundaries of Darfur shall return to their positions as of 1 January The Joint Technical Committee (JTC) shall complete the demarcation exercise within 6 months after the signing of this Agreement. ARTICLE 12: REPRESENTATION AT THE STATE LEVEL 82. The Parties agree that the Movements will be represented at all levels of the Darfur State Governments (DSG). GOVERNORS 83. In the event that additional States are created, the Movements shall nominate two candidates for the approval of the President of Sudan as Acting Governors (Walis) to run two of the new States in the interim until elections are held. ARTICLE 13: LOCAL GOVERNMENT 84. The Parties agree that Local Government is essential to fulfilling the commitment to vest sovereignty in the people, bring power to the grassroots and to ensure the effective participation of the citizens in governance, promote development and make the management of public affairs most cost effective. 85. Native Administration shall respect, where appropriate, the established historical and community traditions, customs and practices that have played vital roles in the community. 28

24 86. The Parties agree that Local Government and the Native Administration have been adversely affected by the conflict in Darfur and shall therefore, be empowered to address the consequences of the conflict, including environmental degradation and desertification. 87. The Parties agree that the Movements shall be adequately represented at the local government level before the next local elections, with proportionate representation of women. 88. Appropriate measures shall be taken to assist various groups such as youth and women through capacity building and affirmative action. ARTICLE 14: UNIVERSITIES AND STATE-RUN HIGHER EDUCATION INSTITUTIONS % of admissible seats in national universities shall be allocated for students from Darfur pursuant to the requirements of competition for 5 years. 90. The people of Darfur shall be represented in the management of national universities and higher education institutions based on the competence and scientific qualifications specified by the Ministry of Higher Education and Scientific Research % of admissible seats in national universities in Darfur shall be allocated for the sons and daughters of Darfur pursuant to the admission committee requirements. Meanwhile a mechanism or committee shall be constituted to examine the conditions of those affected by war to be exempted from university fees for 5 years. 92. All students who are the offspring of IDPs and refugees from Darfur States duly admitted by the admission committee to national universities shall be exempted from educational fees for 5 years. 93. The admission procedures for the children of IDPs, refugees and those affected by war shall be facilitated in the various localities in the States of Darfur. ARTICLE 15: PERMANENT CONSTITUTION 94. The Movements shall be adequately represented in the National Constitutional Review Commission (NCRC), for the drafting of a permanent constitution of the Republic of the Sudan. 29

25 CHAPTER III - WEALTH SHARING GENERAL PROVISIONS ARTICLE 16: PRINCIPLES FOR WEALTH SHARING Wealth sharing shall be based on the following principles: 95. An economy that, among other objectives, ensures poverty mitigation, social justice, equitable distribution of wealth and resources in a manner that ensures balanced and adequate standards of living for all Sudan s citizens. 96. Fiscal federalism and equitable sharing of Sudan s wealth, to enable each level of government to discharge its legal and constitutional responsibilities and duties to the people of Sudan. The GoS shall make necessary financial transfers for the benefit of Darfur, in accordance with the processes and criteria established in this Agreement. 97. All parts of Sudan have the right to just and balanced development with the recognition of an urgent need for the reconstruction of areas of Darfur affected by armed conflict and for giving special attention to displaced people by the creation of a conducive environment enabling them to return voluntarily to their places of origin, or of choice, as set out in Chapter IV of this Agreement. 98. Adoption and implementation of integrated development projects for the settlement of nomads, boosting the productivity of this sector, and organisation of the relationship between farmers and herders so as to ensure security, stability and development for all. 99. The concept of Sudan s wealth shall be defined to include natural and human resources, historical and cultural heritage, financial assets including credit and public borrowing, international and domestic, and international aid and grants. It also includes means, institutions, policies and opportunities contributing to wealth generation and distribution as well as material resources, government revenues, institutions profits and other resources Wealth constitutes a vital element whose generation and distribution are greatly influenced by government institutions, policies and programmes. Therefore, the fair participation of Darfur in decision-making concerning policies and institutions regulating the generation and distribution of wealth that affect its social and economic interests is fundamental and shall be promoted Human resources development shall constitute a means and objective for economic and social development policies. These policies shall be drawn up and implemented to develop the educational system and to secure access by the population of Darfur, without discrimination on the basis of race or gender, to equal opportunities to education and training within Darfur and the country. Special efforts shall be exerted to eliminate illiteracy among women. 30

26 102. All Sudanese citizens shall have the following equal rights: i. Freedom from hunger; ii. Sustainable means of living; iii. Access to potable water; iv. Access to quality education; v. Access to health and other social services; vi. Adequate access to public utilities and infrastructures; vii. Access to development and job opportunities; viii. Free access to markets; ix. Protection of property; x. Promotion and protection of cultural heritage; xi. Restitution and/or compensation for property lost to those affected by the conflict; xii. Review of administrative measures which affect livelihood An effective system for the distribution of wealth, based on transparency and accountability. Affirmative action shall be taken in economic policy to address past disadvantages resulting from long years of underdevelopment and harm caused by the conflict Wealth sharing and distribution shall be based on the premise that all parts of Sudan are entitled to fair and equitable development. Acknowledging that poverty is common in Sudan, in general, and Darfur, in particular, a nation-wide strategy for poverty alleviation shall be adopted within the framework of the country s development policy to meet the Millennium Development Goals (MDGs) Darfur is in urgent and dire need for rehabilitation, reconstruction and development of physical and social infrastructure damaged as a result of the conflict and for the performance of basic government functions and building up civil administration. There should be a comprehensive assessment of such needs as a top priority requiring urgent implementation The rehabilitation and reconstruction of Darfur are considered a priority. For this purpose, measures shall be taken to pay compensation to the population of Darfur, to address grievances resulting from losses in lives and destruction, seizure or theft of properties as well as the subsequent suffering The development of basic economic and social infrastructure is essential and to this end, a programme for accelerated development shall be formulated to bring Darfur to the level of the rest of the country Given that the financial resources and the expertise needed to undertake such a process are beyond Sudan s capacity, the Parties may seek support from the international community, to fully participate in this initiative, assist in the provision of the necessary finance and expertise and contribute to meeting the needs identified for this purpose Darfur as a whole and in particular those areas in need of construction or reconstruction shall be brought up to the level that will allow them to rapidly reach the MDGs. A programme for 31